Legal Opinion

Marsh v. Gonsoulin

Supreme Court of Louisiana

Decided September 15, 1840PublishedCited by 5 opinions

APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARTIN, THE JUDGE OF THE SIXTH PRESIDING. This is an action to evict the defendant, and recover from him one hundred and sixty acres of land, which he hadentered at the land office, and proved up as a settlement right.

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APPEAL FROM THE COURT OF THE FIFTH DISTRICT, FOR THE PARISH OF ST. MARTIN, THE JUDGE OF THE SIXTH PRESIDING. This is an action to evict the defendant, and recover from him one hundred and sixty acres of land, which he hadentered at the land office, and proved up as a settlement right. The plaintiffs being owners of front tracts of land, on the bayou Teche, in 1836, entered the-back lands lying adjacent and in the rear of their fronts, under the act of congress, passed the 15th June, 1832, giving to front proprietors the right to purchase the rear, or back concessions, by preference or right…

1Opinion of the Court

Garland J.,

delivered the opinion of the court.

The plaintiffs claim the ownership of a tract of land in the parish of St. Martin, which is in the possession of the defendant, who has inhabited and cultivated it, since the spring of the year 1829.

The plaintiffs derive their title from the United States, under an act of congress, approved the 15th of June, 1832, which gives to the owner of the land fronting on a water course, “ a preference in becoming the purchaser of any vacant tract of land, adjacent to, and back of his own tract,” not exceeding in quantity the front tract. The provisions of…

2Cited by5 opinions

  1. Guidry v. WoodsSupreme Court of Louisiana · 1841
  2. Bates v. HerronSupreme Court of Alabama · 1859
  3. McTyer v. McDowellSupreme Court of Alabama · 1860
  4. Landry v. GautreauSupreme Court of Louisiana · 1842
  5. Lindquist v. Maurepas Land & Lumber Co.Supreme Court of Louisiana · 1903

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